What is the test for ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Jones, 17 Cal.4th 279, 70 Cal.Rptr.2d 793, 949 P.2d 890 (Cal. 1998):
A defendant claiming ineffective assistance of counsel under the federal or state Constitution must show both deficient performance under an objective standard of professional reasonableness and prejudice under a test of reasonable probability of a different outcome. (People v. Ledesma (1987) 43 Cal.3d 171, 216-218, 233 Cal.Rptr. 404, 729 P.2d 839.) Defendant is unable to show that counsel's performance was deficient.
In the main, the prosecutor was reminding the jury of its civic duty to return, as he said soon after in the same argument, "a true verdict based on the evidence in the case." This was valid argument. (See People v. Osband (1996) 13 Cal.4th 622, 723, 55
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Ineffective Assistance of Counsel--Challenge to Juror Misconduct
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